TaxTMI 
TaxTMI 
2021 (6) TMI 355
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....esolution Process (CIRP) as against the Corporate Debtor viz. M/s. Udeshtech Equipments & Engineering Private Limited 2. It is seen from the records that based upon a memo of compromise filed by the parties, this Tribunal vide its order dated 02.08.2019 disposed off the Petition by passing the following order; "Both the sides are present; filed a memo of compromise signed by both the parties. The amount paid by the Corporate Debtor is Rs. 14,30,000/- by way of 6 post dated cheques (Rs. 1,50,000/- dated 28.08.2019; Rs. 1,50,000/- dated 28.09.2019; Rs. 1,50,000/- dated 28.10.2019; Rs. 3,26,666/- dated 28.11.2019; Rs. 3,26,667 dated 28.12.2019 and Rs. 3,26,667 dated 20.01.2020) which are handed over to the Counsel for the Operation....
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....179/IB72018 and thereby recorded their objection to the memo filed by the Corporate Debtor on 19.01.2021. 4. Thereafter, it is seen that when the matter was posted for hearing on 30.03.2021, none appeared on behalf of the Corporate Debtor and the matter was adjourned to a date subsequent to 03.04.2021 for compliance on the part of the Corporate Debtor. However, when the matter was taken up for hearing on 13.04.2021, there was no representation on behalf of the Corporate Debtor and the matter was heard on merits based upon the submissions made by the Learned Counsel for the Operational Creditor. 5. Thus the failure on the part of the Corporate Debtor in non-adherence of the time schedule as stipulated under the Joint Memo of compromise....
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....any other Insolvency Resolution Professional, from the list furnished by the IBBI. 7. Accordingly, this Tribunal based on the latest list furnished by Insolvency and Bankruptcy Board of India applicable for the period between January - June 2021 appoints Mr. S. Shivshanker, Registration No. IBBI/IPA-001/IP-P02141/2020-2021/13294 (email id:- [email protected]) as the "Interim Resolution Professional" subject to the condition that no disciplinary proceedings are pending against such an Interim Resolution Professional named and disclosures as required under IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 are made within a period of one week from the date of this order. As a consequence of the Application b....
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....n that there is no default in payment of current dues arising for the use or continuation of the license or a similar grant or right during moratorium period; 8. However, during the pendency of the moratorium period in terms of Section 14(2)(2A) and 14(3) as extracted hereunder: (2) The supply of essential goods or services to the Corporate Debtor as may be specified shall not be terminated or suspended or interrupted during moratorium period. (2A) Where the interim resolution professional or resolution professional, as the case may be, considers the supply of goods or services critical to protect and preserve the value of the Corporate Debtor and mange the operations of such Corporate Debtor as a going concern, then th....